The present invention relates to dispute resolution, and more particularly, is directed to using a communication network to assist parties in resolving an electronic commerce dispute and automatically leaving comments to promote participation in and compliance with the automated dispute resolution.
When parties to a transaction are no longer in agreement relating to the transaction, they are having a dispute. Conventional methods for dispute resolution are laborious, often involving not only a tangible result, such as a transfer of funds, but also involving an emotional result, such as face-saving. Additionally, even after the parties resolve their conflict, one or more may fail to perform as agreed, creating an enforcement problem.
Electronic commerce (e-commerce) generally refers to buying and selling of goods and/or services using a communication network such as the Internet. Additional issues presented by a dispute relating to an e-commerce transaction include jurisdictional and venue questions, choice of law, and lack of relationship motivation. Relationship motivation refers to the well known guideline that parties who expect to have to deal with each other after a dispute is resolved tend to be more flexible and reasonable during the dispute resolution process, whereas parties that can avoid each other after the dispute resolution tend to present more polarized positions during the dispute resolution process.
When an e-commerce transaction involves a consumer purchasing from a merchant, there are additional considerations: the monetary value of the transaction is often quite small, and the consumer's expectation with regard to timeliness of response by the merchant is for a very fast response. Accordingly, the cost of the dispute resolution process should be small, and it should proceed promptly. From the merchant's viewpoint, dispute resolution offers an opportunity to distinguish themselves to consumers, as a part of the merchant's customer service policy. From the customer's viewpoint, it may be effectively impossible to ensure compliance with any settlement due to geographic separation and the costs of travel.
Some Internet-based automated dispute resolution systems exist. These systems accept proposed settlement value amounts from the disputants, and, if the proposed amounts are within a predetermined range, split the difference. If the proposed amounts differ by more than the predetermined range, then the disputants fend for themselves.
There is a need for a low-cost dispute resolution system that is trusted by consumers and merchants, to further increase the popularity and profitability of e-commerce.